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State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)

....ence that the UD case being No. 33 of 2006 was not filed by the condemned-prisoner Golam Rabbani rather he admitted it and it is clear from the contents of the application of Jail Appeal and from the attending circumstances of the case that the condemned-prisoner Golam Rabbani immediately after the ......der section 174 of the Code of Criminal Procedure on 18-1-2008. 3. On perusal of the case record it transpires that after filing of the UD case No. 33 of 2006 the dead body was sent to doctor for autopsy report and the doctor of the concerned Shahid Ziaur Rahman Medical College Hospit..

Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

...., at about 10-30/1 1-00 am, the army came to her village. Sometimes before the incident, two Bangalees came to their house and took her and her husband Kiron Chowdhury on the compound on the plea for attending at a peace meeting. They lined them up with other villagers. After arrival of the army the......bject to compelling them to leave the locality so that his family would face no difficulty in winning the future elections. 26. P.W.12 stated that he is a resident of Sultanpur and an allopathic doctor. On the day of occurrence Kaikobad Chowdhury, Chairman of Raj Nagar Union came infront of his..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

....n such cases of sexual offence hardly there could be a witness available and the guilt of the accused should be concluded upon assessment of verbal evidence of the prosecutrix alone as well as of the attending circum­stances. 7. Now Mr. Sasti Sarker learned lawyer for the appellant submits ......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3

State Vs. Abdus Salam and others, 2015, 44 CLC (AD)

....Bazar. The wounded were sent to Fenchugonj Hospital, then to the Sylhet Hospital and on the way injured Shawkat Ali and Nanu Miah, succumbed to the injuries and their death were also confirmed by the attending doctor at the hospital. 3. On the same day i.e. on 4-2-1992 at 2.00 PM Faruque Ahmed ...... wounded were sent to Fenchugonj Hospital, then to the Sylhet Hospital and on the way injured Shawkat Ali and Nanu Miah, succumbed to the injuries and their death were also confirmed by the attending doctor at the hospital. 3. On the same day i.e. on 4-2-1992 at 2.00 PM Faruque Ahmed Chairman o..

Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ...... 32. During cross examinations he saids he came to know the petitioner 3/4 months after liberation, stating further that she heardthe names of the big Al-Badre leader Kamaruzzaman, Boga Bura, Kadir doctor, Muzaffar and that Kamaruzzaman was the Al-Badre leader of her area at that time. 33. We..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....circumstances. The circumstance that the condition is incorporated in the sale deed must undoubtedly be taken into account, but the value to be attached thereto must vary with the degree of formality attending upon the transaction. The definition of a mortgage by conditional sale postulates the crea......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......he other P.Ws. The injuries sus­tained by the victim can be easily termed to be 'grievous hurt' within the meaning of clause-'Eighthly' of section 320 of the Penal Code though the doctor certified that the injuries suf­fered by her were simple in nature. Therefore, the High C..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)

....ions, has relied on the decision in the case of State Vs. Niren Das Gupta reported in 1957 Criminal Law Journal page 124 (Volume 58 CN 40) (Calcutta High Court). Mr. Khan lastly submits that from the attending facts and circumstances of the case, that the accused-petitioner who received the work ord...... Let the lower Court's record along with a copy of this judgment be sent down to the con­cerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ..

Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8

State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)

....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......hjahan and adds as under: 1. when the allegation of insanity was brought before the learned Sessions Judge, Rajshahi, he should have arranged examination of the condemned prisoner by a competent doctor to ascertain whether the accused was really insane or not; 2. the learned Sessions Judge..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ....... The bullets hit the deceased at his shoulder, stomach, chest and backside. Driver-Shakil Khan, Bengal and Mobarak Hossain took the deceased to Dhaka Medical College Hospital with bleeding where the doctor declared him dead. On getting a telephone call from Tota Mia, a peon of the office of the dec..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16

Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

....llegally in giving direction upon BSTI to give promotion to the writ-petitioner in the post of Deputy Director, BSTI inasmuch as it did not compare the personal file perform­ance, merit and other attending circumstances of both the writ-petitioner and the person who has been promoted. 11. M......ion in that respect. In view of the above, we find no merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 138. ..

Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7

Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)

....r shall also be fur­nished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16   ......r shall also be fur­nished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16   ..

Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5

Ibrahim Vs. State, 2014, 43 CLC (HCD)

....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ......the bamboo clump but on the path recognized by moon-light was quite possible." 11. She further submits that the victim was under treatment for about two months and to that effect respective doctors issued the certifi­cate. She submits that although P.W. 2 is a sole witness in this case..

Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17

Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)

....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......t the said affidavit was neither properly exhibited nor was it filed in the trial Court and that the victim denied making any affi­davit. The High Court Division having considered the evidence of doctor, P.W.9 and the medical report, exhibit-1 found that the age of the victim was about 17 years ..

Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21

Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)

....pon him, fixing date of hearing but he did not appear at the time of hearing and the Deputy Commissioner of Taxes took the matter for ex-parte hearing and held that the assessee intentionally avoided attending the case and made assessment under section 84 of the Income Tax Ordinance, 1984. The Deput......he High Court Division, accordingly, the appeal is dis­missed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243.     ..

Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ...... 35. During the course of investigation victim was produced before learned Magistrate who recorded the statement of the victim under section 164 of the Code of Criminal procedure and she was sent to doctor for physical examination. 36. However, on the conclusion of investiga­tion a final r..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....d the counter-submis­sions of the learned Advocate Mr. Harunur Rashid. With a view to arriving at a correct decision in the case, we are to advert to and scrutinize the rele­vant evidence and attending circumstances with searching eyes. 25. At the trial, the prosecution has examined 9 (......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)

....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......3 others came out from the house of Sattar and threatened the P.W.1 and his son Manik and thereafter left the place. The informant and others shifted the victim to Dhaka Medical College Hospital. The doctor, on duty, examined the victim and declared him dead. The P.W.1, thereafter, lodged the FIR (e..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

....1, Dhirua Rabi Das, P.W.5, Manoranjan and also cross-examination of the investigating officer and other prosecution witnesses. 19. Considering these  facts  and  circum­stances attending the occurrence we find no scope to interfere with the concurrent decisions of the High Co...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

State Vs. Romana Begum alias Noma, 2013, 42 CLC AD

....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......s non-appli­cation of judicial mind for imposing a lesser sentence though it was a case of gruesome double murder of two Inmates of a house by the maid servant, where one victim was a prospective doctor and the other was a Government College teacher and if the lesser sentence was given it may en..

Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5